Running head: IM MORE THAN JUST A NAME 1

Im more than Just a Name: Education and Awareness for Name-Based Discrimination when

Applying for Jobs

Nina Lorraine Harvey-Bolden

Legal Studies Academy

First Colonial High School

 I AM MORE THAN JUST A NAME 2

Abstract

This paper will explore name-based discrimination in its entirety by proving its relevance in

todays society, and discussing the many facets of this issue. First, the author will introduce and

define the topic by providing a hypothetical example, and identifying who is affected. Secondly,

the author will prove the concept through comparing and contrasting statistical data and

scientific research that has been conducted over the course of many years. Thirdly, the author

will focus on employer biases and provide an explanation as to how biased decisions are made.

This paper will highlight specific court cases, and provide an analysis of each one, by discussing

their relevance to the legal issue at hand. Finally the author will discuss the legislation that has

been put into place, and propose possible recommendations to help solve this issue.

Keywords: implicit bias, stereotypes, name-based discrimination, call-back rates

 I AM MORE THAN JUST A NAME 3

I am More than Just a name: Education and Awareness for Name-Based Discrimination when

Applying for Jobs

What comes to your mind when you hear names such as Mercedes, Lakisha, Jamal, or

Diego? Is there an image that you think of when hearing them, without having any previous

knowledge of these individuals? Names are a piece of our identity: they are a part of who we are.

Names showcase our individuality and uniqueness, and can also provide cues about our culture

and heritage. It's hard to imagine that these same names could also be a crippling factor that

could affect the chances of receiving a job. Because names can be an indicator of race, name-

based discrimination can be linked to racial discrimination. I am more than just a name

symbolizes the fact that there is more to a human being than what their name is. A person's

attributes, character, and work ethic is based on who they are, rather than the perceived

stereotypes that are formed as a result of knowing their name. Name-based discrimination is a

form of implicit bias. Implicit bias refers to the attitudes or stereotypes that affect our

understanding, actions, and decisions in an unconscious manner (The Kirwan Institute for the

Study of Race and Ethnicity, 2015). Hypothetically speaking, a name-based discrimination

incident would occur when an individual is denied equal opportunity for a job due to the name

that is written on their application, resume, or that is given during an interview. This form of

discrimination affects individuals with cultural or provocative names that are different and

unique in society, or a name that is deemed unorthodox because it goes against social norms.

Minorities are usually the main groups that are affected: however, name-based discrimination

can affect anyone depending on an employers attitude or biases towards a specific race. An

analysis of the call back rates amongst minorities, field experiments, scholarly and psychological

research of employers perception and attitudes toward specific names, and relevant court cases
 I AM MORE THAN JUST A NAME 4

has revealed that name-based discrimination is a serious issue that has become prevalent in

todays society.

Proof of Concept

Various causes and effects of name-based discrimination in todays society are shown

through comparing call-back rates amongst minorities, interviewing an employer and legal

professional, examining how implicit biases affect the decision-making process, and compiling

evidence from studies that illustrate the multiple dimensions of this issue.

Effects of Names on a Resume

Callback Rates. The first step in researching this issue was to see if name-based

discrimination has gotten worse over time. According to researchers Darity and Mason (1998)

Despite laws such as the Civil Rights Act of 1964, and a growing inclination towards fairness,

discrimination in hiring continues (Darity and Mason, 1998). Information from The National

Bureau of Economic Research validates Darity and Masons point. The Bureau has focused on a

study conducted by Bertrand and Mullainathan (2004). The study showed the effect of name-

based discrimination through call-back rates. To perform their research, Bertrand and

Mullainathan sent out made-up resumes that seemed to be realistic. The resumes that were sent

out consisted of names that were distinctly white (Emily and Brad) and names that were

distinctly black (Rasheed and Latoya). The resumes were sent to four distinct career

occupations: sales, administrative support, clerical services, and customer services (Bertrand and

Mullainathan 2004). According to Bertrand and Mullainathan, Significantly more names that

are associated with blacks had to be sent out to actual employers in Boston and Chicago,

(compared to white-sounding names) in order to get a call back. Resumes with white-sounding

names had 50% more callbacks than blacks (Bertrand and Mullainathan 2004). Furthermore, the
 I AM MORE THAN JUST A NAME 5

researchers stated that on average, a white applicant should expect one callback for every 10 ads

he/she applies to, and on average an African American applicant would need to apply to 15

different ads to achieve the same result (Bertrand and Mullainathan 2004). From their research,

Bertrand and Mullainathan concluded Discrimination is a factor in why African Americans do

poorly in the labor market. Applicants with African American sounding names will receive fewer

callbacks, and may also find it harder to fight discrimination in callbacks by improving their

observable skills or credentials (Bertrand and Mullainathan 2004). This study is highly

significant because of the alarmingly high statistic. From this one experiment, there is a 50% gap

in callback rates between white and African American applicants. From this experiment, it is

important to focus on how the interviewers are aware of race during the hiring process, which

may affect the applicant.

African Americans are not the only minority group that is affected by name-based

discrimination. A study of employers was conducted in Vancouver, Montreal, and Toronto to

examine the effects of certain names on call-back rates. The researchers sent out identical

resumes, only changing the names of each one. According to the study, It was discovered that

applicants with English-sounding names have a higher success in receiving a call back than

minority groups( Douglass 2011). More specifically, English names were 35% more likely to

receive a call back than resumes with Chinese, Indian, or Greek names ( Douglass 2011). This

study directly shows the power of a name. The researchers interviewed the employers that they

sent the resumes to, and the employers explained that they were highly concerned with some of

the resumes. Furthermore, most of the employees stated concerns that applicants with an ethnic

or cultural names and a foreign backgrounds would have inadequate English language and social

skills for the Canadian marketplace (Douglass 2011). There is obvious name-based
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discrimination during this research because according to Todd Douglass, the recruiters didnt

improve their callback rates if the resumes emphasized applicants with Chinese, Indian, or Greek

names. To understand why there is a large gap in callback rates between whites and minorities,

one must research the underlying factors of this discrimination.

Stereotypes and other discriminatory practices. A stereotype is a fixed, overgeneralized

belief about a particular group or class of people (Cardwell, 1996). Stereotypes are formed

through social categorization. It's easy for humans, especially employers, to group people based

on defining characteristics in order to make quick decisions to weed out certain applicants. Its

important to remember how stereotypes help form our implicit biases towards specific groups of

people. A 2006 study from evaluated how managers and supervisors making hiring decisions

often participate in job segregation processes by acting on stereotypes when selecting racial and

ethnic minorities for certain jobs (King et al 2006). The study consisted of white male

participants who evaluated resumes of White, Asian, Hispanic, and Black male applicants (King

et al 2006). The white male participants had to review each resume to determine if the applicant

was suitable for the job. The researchers found evidence that the selection process of the white

participants showed racial discrimination in the selection decisions (King et al 2006). Hispanics

and Blacks were grouped for low status jobs such as custodians, and Whites and Asians were

grouped with higher status jobs (chemist, physicians). (King et al 2006) From this experiment, it

can be inferred that names on resumes provide cues to employers. If employers see a name that

seems to be an indicator of race, then this might cause the employer to group that individual with

certain traits that they may or may not have.

What factors cause employers to make hiring decisions? Researcher and social

psychologist Albert Mehrabian has found an answer to this question. Mehrabian concluded that
 I AM MORE THAN JUST A NAME 7

unique names, or names with unusual spelling connate less attractive characteristics than names

that are more common, and were seen as less desirable (Mehrabian 2001 as cited in Cotton,

O'Neill, & Griffin, 2008). Other researchers have tested this theory by making the following

hypothesis: Common names will be seen as familiar by individuals and more unique names will

seem less familiar, common names will be liked the most and names which are the most unique

will be liked the least, African-American and other ethnic names will be seen as more unique

than common names, and will therefore be less liked than common names (Cotton, O'Neill, &

Griffin, 2008). In the study, the researchers wanted to examine how students and workers would

classify and perceive certain names. To conduct the experiment, the researchers strategically

picked a total of 48 names, six male and six female names, from four distinct categories. The

categories were common names, African American names, Russian names, and unusual names.

The participants were given a questionnaire that included statements such as I would highly

recommend this name or I would expect a person with this name to be Caucasian. In addition,

the participants also had to rank names, 1-7 as one being very common and seven being very

different (Cotton, ONeill, & Griffin, 2008). The results of the experiment showed that African-

American names were rated as being very unique or different, with a 6.0 rating or above, and that

names such as John, Robert and Susan were rated 1.5 as being different, which means that they

were seen as common names. Common names were seen as more likeable or better than the

names in the other categories. According to Cotton et. al, the overall findings suggest that

uniqueness in names can have a powerful impact concerning those names (2008). This

experiment is important because it shows what individuals think when they hear certain names,

and the conclusions that are drawn after hearing such names.

Employers Upbringing and Definition of Professionalism

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An individuals biases through upbringing and personal life experiences dictate their

perception of professionalism. Referring back to the familiar and unfamiliar, names that are

common to that individual, due to the fact they have been exposed to them all of their life, will

appeal to them more because that is what they are used to. An employers background and

upbringing directly correlates to what they are and aren't familiar with. Names that are

unfamiliar, unique, or culturally specific may be alarming or strange because they dont resemble

the names that the individual knows and is used to. In a hiring situation when an employer is

faced with an applicant's name that doesn't fit into their mindset of what constitutes a good

employee, this will ultimately lead them to make assumptions, act on stereotypes, and

discrimination during the hiring process. In addition, while some names are unfamiliar, some

names might be perceived as unprofessional. What is acceptable to one individual may be

unacceptable to the next. With this being said, names that dont meet the employers standards of

professionalism would end up being denied. Attorney Lisa Bertini has stated that if a name is

unique enough, she will have a preconceived notion (L. Bertini, Personal communication,

November 22, 2016). Furthermore, Mrs. Bertini argues that name-based discrimination and racial

discrimination are tied to the core. She explained that when she receives a resume with an

unusual name, she automatically infers their race and national origin. The most important aspect

of name-based discrimination is implicit bias. An individual's biases guide them in making

decisions. In a hiring situation, these biases would ultimately affect applicants in whether or not

they receive the job. These same biases surface for Jasmine Benford, who is an overseer of a

community center of an affordable housing complex, and participates in the hiring process of

staff assistants. According to Ms. Benford, a persons name is a factor in whether or not the

receive a callback for an interview, because if a name is hard to pronounce, it will discourage the
 I AM MORE THAN JUST A NAME 9

employer from calling back. Furthermore, Ms. Benford explained that either consciously or

subconsciously, applicants with unique names cause employers to pay closer attention to the

application or resume due to the fact the applicants may or may not fit into a specific

demographic. Her point is validated through research conducted by Fryer and Levitt. According

to Fryer and Levitt, African American sounding names tend to be more common amongst

lower-class African Americans (Fryer and Levitt, 2004). In addition, through further research of

patterns in naming among Blacks in California between 1961-2000, Fryer and Levitt concluded

that children with distinctly black names are associated with poor, young, and uneducated

mothers (Fryer and Levitt, 2004). It can be inferred that since black names indicate cues about

race, gender, and class background, then employers could use this information in discriminatory

practices. Furthermore, Fryer and Levitt discussed how these stereotypes that are formed from

name-based discrimination can ultimately discourage blacks, and other minorities from pursuing

certain job occupations and enhancing their skills. As a result, these stereotypes will be

perpetuated future generations to come, and a continuous cycle will develop. Because

employers constantly make assumptions, as a result of their implicit biases, many legal issues

have arisen.

Case Law

A case that directly relates to employer discriminatory practices is Equal Employment

Opportunity Commission, Plaintiff-Appellee v. Target Corporation, Defendant-Appellee. This

case regarded the issue of racial discrimination of applicants applying for managerial positions at

Target. The case was brought to District Court in 2002 and then appealed to Circuit court in

2005. The issue in this case was that a group of individuals (four separate applicants) claimed

they were not hired in Targets ETL process because of key indicators of their race. The applicant
 I AM MORE THAN JUST A NAME 10

of focus is Kalisha White. Ms. White was a member of an African American sorority, which

appeared on her resume. Though Kalisha was extremely qualified for the position, she didn't get

a call-back for an interview. Kalisha decided to make another resume with a Caucasian-sounding

name (Sarah Brucker), and an address in a predominantly Caucasian neighborhood. She had

received an email from a Target employer named Armiger, requesting her to call back. Ms. White

had a white female friend answer the phone pretending to be Mrs. Brucker and was scheduled for

an interview. When Kalisha called back soon after as herself, Armiger told her he was too busy to

schedule an interview with her. This complaint coupled with others are the reason that the case

was brought to court. In district court the case was argued in favor of the Target corporation,

stating that discriminatory cases couldn't be proven. When the case was appealed to circuit court,

the court reversed the decision, stating there was a genuine issue of material fact as to whether

Target's proffered reason that Armiger was too busy to interview White, Edgeston and Brown-

Easley was a pretext for discriminatory action based on race (U.S. Equal Employment

Opportunity Commission, Plaintiff-Appellant, v. Target Corporation, Defendant-Appellee.)

The significance of this case is that the employers perception of the applicant changed

when Kalisha decided to change features such as her name and address. This is important

because it shows how a persons biases dictate their decision-making process. Clearly, Kalishas

name and address were not traits that seemed to fit the ideal worker for that position. If they

were, Kalisha would have received a call-back for an interview. Name-based discrimination is

proven in the case when Kalisha gave the same exact resume with simply changing her name and

address, and received a call-back for an interview, almost immediately.

Name-based discrimination doesnt just occur during the hiring process, it can affect an

employee after they receive the job. The case of El-Hakem V. BJY, INC perfectly conveys this
 I AM MORE THAN JUST A NAME 11

point. According to the facts of the case, El-Hakems racial discrimination claims stemmed

from Young's repeated references to El-Hakem as "Manny." Despite El-Hakems repeated

objections, Young insisted on using the non-Arabic name rather than "Mamdouh," El-Hakem's

given name. In Young's expressed view, a "Western" name would increase El-Hakems chances

for success and would be more acceptable to BJYs clientele (El-Hakem v. BJY INC.). The

outcome of this case was in favor of El-Hakem. The jury believed that that Mr. Young had

discriminated against El-Hakem by repeatedly calling him by a name that he repeatedly

expressed that he was offended by (El-Hakem v. BJY INC.).

This case is significant because of the key statement made by Youngs statement. The fact

that Young believed the name Manny was more acceptable than the name given to Mr. El-Hakem

shows the employer biases that exist. In other words, the name was that was given to El-Hakem

wasnt suitable because it didnt meet the standards or fit into Mr. Youngs mindset of a common

and suitable name.

Rule of Law

There are many laws that are relevant to this issue. Beginning in 1964, the Civil Rights

Act was formed in order to guarantee equal rights for all Americans. Title VII of the Civil Rights

Act is specific to employee rights. The relevant information from Title VII section 702 states,

It is an unlawful employment practice for employers to fail or refuse to hire or to

discharge any individual, or otherwise to discriminate against any individual with

respect to his compensation, terms, conditions, or privileges of employment,

because of such individuals race, color, religion, sex, or national origin; or to limit,

segregate, or classify his employees or applicants for employment in any way which

would deprive or tend to deprive any individual of employment opportunities or

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otherwise adversely affect his status as an employee, because of such individuals

race, color, religion, sex, or national origin. (Civil Rights Act, 1964)

With this being said, it's important to determine if employers actually adhere to this law. As

previously stated, names can be a key indicator of race or national origin, which is why it's

important to understand how names are perceived by employers. Employers who deny an

applicant because of their name could also be racially discriminating at the same time. Name-

based discrimination can be thought of as the bridge to racial discrimination, which would

mean that employers that use name-based discrimination are not adhering to the law. When

applicants with unique or cultural names are repeatedly denied for certain job positions, this

proposes a long term effect on the labor market.

Legislation that is specific to Virginia is the Virginia Human Rights Act. According to

this act,

No employer employing more than five, but less than 15 persons shall discharge any

such employee on the basis of race, color, religion, national origin, sex, pregnancy,

childbirth, or related medical conditions. Any such violation shall be brought within

300 days of discharge. (Virginia Human Rights Act, n.d)

Furthermore, the law states that its purpose is to safeguard all individuals of the Commonwealth

from unlawful discrimination (Virginia Human Rights Act, n.d). However, with this being said,

not all individuals are safe from unlawful discrimination. The law only protects individuals from

discrimination that are employed within an establishment of at least five people. This means that

establishments with four employees or less aren't protected under the law. Employers can

discriminate employees and not face legal consequences. This is an issue in this law that should

be addressed in order to protect all individuals from discrimination.

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Federal legislation that is used to protect employees from discrimination is the

Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002. According to

the act, Federal agencies are required to be accountable for violations of discrimination and

whistleblower protection laws ( Notification and Federal Employee Antidiscrimination and

Retaliation Act of 2002). This law is important because federal agencies are required to post data

on their website regarding specific statistics. This law is useful because if federal agencies are

discriminating against their employees, the information would be surfaced, and hopefully the

issue would be addressed. This act discourages employers from discriminating their employees

because it holds them liable for their actions.

Furthermore, a resolution was formed to prevent discrimination. S. Res 373 was a

resolution that recognized the Executive order 9066; however, the resolution also expresses that

policies that discriminate are against what the United States stands for. More specifically, the

resolution states that policies that discriminate individuals on perceived race, ethnicity, national

origin, or religion would be contrary to the values of the United States (114th Congress, 2016).

This resolution is significant to name-based discrimination because when an employer denies an

applicant for a job due to the perceived race that is indicative from the applicant's name, they are

practicing unlawful discrimination during the hiring process.

Prevention and Resolutions

The best way to combat name-based discrimination during the hiring process is to not

have the names visible to employers before they make a hiring decision. This would provide a

less biased decision-making process for the employer, due to the fact that they aren't aware of the

applicant's name to make assumptions about race and socioeconomic background. Because an

employer wouldnt have the opportunity to link a name with an employer's skills and work-ethic,
 I AM MORE THAN JUST A NAME 14

they are more likely to make a hiring decision based on only relevant factors. After a hiring

decision has been made, only at that time should an employer have the name of the applicant

revealed to them. This hiring method would give applicants more of an equal opportunity to be

hired for a job and resolve the issue of name-based discrimination.

If an individual is a victim of name-based discrimination, the key to making a change is

that the individual is aware of their rights. The Equal Opportunity Commission offers a variety of

resources for individuals who have been discriminated against, and can provide information on

what steps to take after an incident has occurred. Most importantly, individuals should file a

charge and get a lawyer. The more people that come forward with their issues, will allow society

to become better informed to promote an influence of change. Referring back to Title VII of the

Civil Rights Act of 1964, an individual has a stringent timeline of 300 days to file a charge.

(Civil Rights Act, 1964) Because there isn't a long amount of time allotted to filing, a charge, it's

important that individuals speak up when the incident occurs.

Conclusion

Name-based discrimination is an ongoing issue in our society; however, it can be

prevented. An analysis of the call back rates amongst minorities, field experiments, scholarly and

psychological research of employers perception and attitudes toward specific names, and

relevant court cases has revealed the existence of this issue. Experimental studies have shown the

significant gap in callback rates between minorities and Caucasians, psychological research

explains why employers make the decisions that they do, and relevant court cases have

illustrated the impact this issue has on society. As a result of knowing this information, name-

based discrimination has been addressed and can be solved.

 I AM MORE THAN JUST A NAME 15

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